Can we appeal for ab in 498a in hc- ranchi
Sandeep Pandey
(Querist) 07 January 2013
This query is : Resolved
I am staying in Mumbai and have filed an application for Anticipatory Bail for 498a (which was false filed by my wife) in Jamshedpur court on 03rd Nov’12, Judge has given 4 dates for “Mediation” , Mediation was failed due to absence of girl (she has given silly reasons) but court has giving us dates (that we had earlier filed for HMA 9- conjugal rights), we are saying that we agree to get her back, our lawyer also states the same, but court has giving us dates only still have not given the AB, someone has told that Jamshedpur court has not giving bails in 498a or not passing any orders , they are only giving dates, we are staying in Mumbai and for bail only we have to travel from Mumbai to Jamshedpur frequently, Sir I just wanted to know that is there any cases of 498a in Jamshedpur, got the AB..?? and what should we do for AB or is there any process to appeal High Court for anticipatory bail???
Raj Kumar Makkad
(Expert) 07 January 2013
It seems that the Court is trying to get your matter amicably settled once your wife appears in the court but due to her absence, you have to suffer. There is no such instance that the Jamshedpur Court do not grant anticipatory bail to any accused person.
As your petition is pending before Sessions Judge so you cannot go to High Court at this sgage but if the same is dismissed then you may go there.
You have no other option but to wait and watch and persue your application and request the court to take its decision thereon as earliest as possible keeping in view the attitude of your wife and sufferings of you.
Sandeep Pandey
(Querist) 07 January 2013
Thank you so much Sir for your valuable suggestions, but I just wanted to know that can I request to judge to put my condition in front of him, how much I harassed or I don’t have rights to talk in front of Judge before my AB..???
ajay sethi
(Expert) 07 January 2013
you have negaged a lawyer . he will argue your case . you cant address court as you have engaged a lawyer . your lawyer will do the needful
Raj Kumar Makkad
(Expert) 07 January 2013
Though you can also pray before the judge but better to allow your lawyer for this purpose.
R.K Nanda
(Expert) 08 January 2013
no more to add.